Category Archives: Trial of Ali Ahsan Mohammed Mujahid

Weekly Digest: Issue 4 – February 10-14, 2013

This week’s digest details the ongoing progress of the Gholam Azam, Nizami, and Chowdhury cases in Tribunal 1. The Tribunal also heard matters regarding the ongoing investigations against Abdus Shobhan and Mubarak Hossain. In the Gholam Azam case the Prosecution completed its cross-examination of Defense witness 1 and the Tribunal scheduled February 17th for Closing Arguments, despite requests from the Defense for more time to produce additional witnesses. In the Chowdhury case the cross-examination of Prosecution witness 17 took place in-camera, and direct and cross-examination of Prosecution witnesses 19 and 20 was completed. The Nizami case experienced delays, as Defense counsel were unable to reach the Tribunal due to ongoing violence in the Palton neighborhood of Dhaka (where their offices are located).

Tribunal 2 heard the cross-examination of the Investigating Officer in the Kamaruzzaman case, who appeared in Court as Prosecution witness 18. In the  Mujahid case The Defense also cross-examined Prosecution witness 1. In the Abdul Alim the Defense cross-examined prosecution witness 10. The Tribunal additionally granted additional time to Home Minister Mohiuddin Khan Alamgir to respond to contempt proceedings against him.

Read the full report here: Weekly Digest, Issue 4 – Feb 10-14

Weekly Digest, Issue No. 1 – January 20-24, 2013

This is the first issue of the Weekly Digest, a summary of proceedings at the International Crimes Tribunal that will be published on a weekly basis. These reports are designed to provide an overview of events in a digestible manner, suitable to those who want to stay abreast of the proceedings but do not have the time to follow the Daily Summaries.

This week the Tribunal issued its first verdict, the judgment in the Case of Chief Prosecutor vs. Abul Kalam Azad, alias Bachu. The Defendant was tried in absentia by Tribunal 2, and found guilty of six counts of crimes against humanity and one count of genocide. He was sentenced to death by hanging. Tribunal 1 primarily heard the Defense’s closing arguments in Chief Prosecutor vs. Delwar Hossain Sayedee. The Tribunal additionally addressed applications for the removal of Prosecutor Zead al-Malum among other matters.

Read the full report:

Weekly Digest, Issue 1 – Jan 20-24

Contents of Weekly Digest Issue No. 1
Cases Covered:
Tribunal 1: Sayedee, Nizami, Golam Azam, Chowdhury
Tribunal 2: Kalam Azad, Mujahid, Kamaruzzaman, Qader Molla, Abdul Alim

Applications and Orders:
Tribunal 1: Application for Removal of Prosecutor Zead al-Malum; Application for Contempt Proceedings against Ahmed Ziauddin; Application for Review of Order Denying Retrial; Application for Extension of Bail;

Tribunal 2: Final Judgment; Contempt Proceedings against MK Anwar and Sranjit Sen Gupta; Witness Testimony

Read the full report here:

Weekly Digest, Issue 1 – Jan 20-24

12 Feb 2013: ICT-2 Daily Summary – Mujahid cross-examination of PW 1, Kamaruzzaman cross-examination of PW 18

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid: Cross-examination of Prosecution Witness (Accused Present)
  2. Chief Prosecutor vs. Abdul Alim: Cross-examination of Prosecution Witness (Accused Present)
  3. Chief Prosecutor vs. Muhammad Kamaruzzaman: Cross-examination of Prosecution Witness  (Accused Present)

In the Mujahid case, Mr Shahriar Kabir, Prosecution Witness-1, was cross-examined by the senior Defense counsel Mizanul Islam. Kabir is the author of a book on liberation war titled “Ekatturer Ghatok o Dalal ra Ke Kothay” (Where are the collaborators and miscreants of 71), a book referred to by many other Prosecution witnesses and heavily relied upon by the Prosecution. He has been questioned about the documents he gave to the Investigation Officer and its source and authenticity. He was further asked about the formation “Gono-todonto Commission” (Public Enquiry Commission) on 26th March and the research and investigation procedure maintained in the publication of its reports.

Following Mujahid’s case, the court moved to Muhammad Kamaruzzaman’s case wherein Mr Abdur Razzaq, the Investigation Officer of the case and PW-18 was cross-examined by Defense counsel Mr Kaful Uddin Chowdhury. The Defense’s main line of questioning was aimed at attacking the reliability of various prosecution documents collected and compiled by the witness.

The cross-examination of the prosecution witness in the Alim case was delayed until tomorrow.

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24 Jan 2013: ICT 2 Daily Summary – Contempt Proceedings MK Anwar

Today the Tribunal was scheduled to hear matters in the following case:

  1. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid: examination-in-chief of prosecution witness (Accused was Present

However, the court first accepted the Prosecution’s submissions for contempt proceedings to be issued against MK Anwar, a political leader of the BNP Party (an opposition party.)

In accordance with the Court’s verbal instructions on 23 January 2013, the Prosecution submitted a written application in regards to a statement made by MK Anwar seeking contempt proceedings to be issued against him. On 20 January 2013 MK Anwar, a day before ICT-2’s first verdict was issued, commented in his speech marking the 77th birth anniversary of late president Ziaur Rahman that the government is staging the ongoing trials as a mechanism of vengeance against the leaders of opposition parties. Mr Rana Das Gupta, the Prosecution counsel, reiterated  that the BNP leader’s comment is a malicious one, aimed to jeopardize the confidence of the masses as to the neutrality, independence and fairness of the tribunal. The prosecutor submitted that unless some sort of action is initiated against him, he is likely to continue to make such comments. He noted that MK Anwar had previously made similar comments, for which he was warned by Tribunal-1.

The Prosecution advocated for punishment of MK Anwar under section 11(4) of the International Crimes (Tribunals) Act 1973, which accords the tribunal the authority to punish any person who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members into hatred or contempt, or does anything which constitutes contempt of the Tribunal. The Tribunal upon hearing the learned prosecutor retired till lunch to pass an order.

After lunch, the Tribunal pronounced its order requiring MK Anwar to submit an explanation through his lawyers within 7 days. They opined that such comments pertain to subjudice matters, or matters currently under consideration by the Tribunal, and therefore may adversely influence the public perception about the ICT. The Tribunal further observed that the independent judiciary shall be kept segregated from politics in the interest of upholding the rule of law. MK Anwar shall be obliged to submit his explanation no later than 3 February 2013.

It may be noted that Mr Suranjit Sen Gupta, the ruling party’s influential policy maker is also facing contempt proceedings akin to that now faced by Anwar, for previously making comments on sub-judice matters.

Tribunal-2 did not hear the examination-in-chief of the prosecution witness in Ali Ahsan Mujahid’s case and adjourned for the day.

15 Jan 2013: ICT 2 Daily Summary – Qader Molla, Alim, Mujahid

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Quader Molla – Defense closing arguments  (Accused Present)
  2. Chief Prosecutor vs. Abdul Alim– Examination of Prosecution Witness (Accused Present)
  3. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid – Examination of Prosecution Witness (Accused Present)

In the case of Qader Molla the Defense continued its closing arguments, attacking the prosecution’s evidence in support of charges 5 and 6. In particular they attacked the credibility of witnesses who had testified in support of the charges. The Tribunal urged them to complete their arguments and stated that they would only have one hour during tomorrow’s session to do so.

In the case against Mujahid, the Prosecution conducted its examination-in-chief of their 12th witness, who provided testimony in support of Charge 7, pertaining to the killing of the witness’ brothe,r Biren Shaha, along with 8 to 9 others from the Hindu community on 13 May 1971.

Finally, in the case against A.M.Alim, the Prosecution conducted its examination-in-chief of their 9th witness, Jahidul Islam, who testified in support of Charge 6, pertaining to the killing of Abdus Salam and nine others in early May 1971, as the victims were fleeing the conflict on their way to India.

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